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New case: Consumer credit requests for information

19 November 2009 | Steven Mills Comments Off

The claimant had sent a request to the bank for information under section 77 of the Consumer Credit Act 1974.  For a period of time, the bank could not locate the loan agreement and so could not comply...

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New case: The nature of possession proceedings

19 November 2009 | Steven Mills Comments Off

This is an interesting case as it sets out the nature of possession proceedings under CPR 55.  In this case, an order for possession of a property had been made in the absence of the defendant and...

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New case: Overriding interests

19 November 2009 | Steven Mills Comments Off

The question the court considered was whether the second defendant had an equity in relation to the property and, if so, whether the claimant’s charge took subject to that equity. The court held that...

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More financial institutions can provide alternative finance

19 November 2009 | Steven Mills Comments Off

The Alternative Finance Arrangements (Amendment) Order 2009 came into force on 15 October 2009. The tax rules on alternative finance arrangements (such as Sharia-compliant financial contracts) require...

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Mortgage review

19 November 2009 | Steven Mills Comments Off

The FSA has published proposals for the major reforms required in the UK mortgage market to ensure that it works better for consumers and is sustainable for all market participants. The proposals, published...

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New draft insolvency rules

19 November 2009 | Steven Mills

The Insolvency Service has published the draft Insolvency (Amendment) (No. 3) Rules 2009. These Rules will make significant changes to the Insolvency Rules 1986 and aim to modernise insolvency practice...

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OFT review of compliance with debt management guidance

19 November 2009 | Steven Mills Comments Off

The OFT has launched a review of industry compliance with its debt management guidance. The guidance sets out the minimum standards of behaviour for providers of debt management services. However, the...

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FSA to launch review of compensation scheme for bank failures

19 November 2009 | Steven Mills Comments Off

According to newspaper reports, the FSA has agreed to reassess the system for compensating customers of failed financial institutions. The FSA said that it will launch a consultation on possible changes...

New proposals to reform the regulation of credit card companies

19 November 2009 | Steven Mills Comments Off

The Government is consulting on new proposals to reform the regulation of credit cards and store cards. The proposals include forcing companies to allow customers to pay off their most expensive debts...

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Payment Services Directive implemented in the UK

19 November 2009 | Steven Mills Comments Off

The Payment Services Directive (PSD) was implemented in the UK by the Payment Services Regulations 2009 on 1 November 2009. This Directive, combined with the new Banking Conduct of Business Sourcebook...

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